Patna High CourtCR. MISC./32780/2016bail granted

Nagendra Singh v. The State Of Bihar

2016-11-16Mr. Justice Ashwani Kumar Singh2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.32780 of 2016 Arising Out of PS.Case No. -40 Year- 2013 Thana -UDWANTNAGAR District- BHOJPUR ====================================================== Nagendra Singh, son of Late Suraj Singh, resident of Village-Bhagwanipur, P.S. - Udawantnagar, District- Bhojpur .... .... Petitioner

Versus

The State of Bihar .... .... Opposite Party ====================================================== Appearance :

For the Petitioner/s : Mr. Anant Kumar Pandey, Advocate For the Opposite Party/s : Ms. Madhuri Lata, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 3 16-11-2016 Heard learned counsel for the petitioner and learned counsel for the State.

The petitioner has renewed his prayer for bail by filing the present application on 3rd of August, 2016. His prayer for bail in connection with Sessions Trial No. 49 of 2014 arising out of Udwantnagar P.S. Case No. 40 of 2013 was earlier rejected by this Court on three occasions.

It is contended by the learned counsel for the petitioner that till the date of filing of the present application out of the fourteen charge-sheet witnesses only four were examined during trial. The petitioner is in custody since 7th March, 2013 i.e. for more than three years.

Patna High Court Cr.Misc. No.32780 of 2016 (3) dt.16-11-2016 2 / 2 On the other hand, learned counsel for the State has opposed the application for grant of bail to the petitioner. Regard being had to the slow progress of the trial mainly due to the failure of the prosecution in producing and examining its witnesses for over three years, the petitioner is directed to be released on bail on furnishing bail bond of Rs. 10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned 5th Additional Sessions Judge, Bhojpur at Ara in connection with Sessions Trial No.49 of 2014 arising out of Udwantnagar P.S. Case No. 40 of 2013.

(Ashwani Kumar Singh, J.) Sanjeet/- U T